Original Date AnnouncedNovember 2, 2020
On reconsideration of its prior decision, the Federal Labor Relations Authority (FLRA) decertifies the National Association of Immigration Judges (NAIJ). In its prior decision, the FLRA found that IJs do not create and influence policy, are therefore not management officials, and could unionize accordingly. On reconsideration, the FLRA concludes that it had "failed to recognize the significance of IJ decisions and how those decisions influence policy," ruling that IJs are management officials and therefore excluded from being part of a collective bargaining unit.
[ID #213]DOJ v NAIJ, 71 FLRA 207 (2020)
Effective DateNovember 2, 2020
Subsequent Trump-Era and Court Action(s)
April 4, 2022
NAIJ v. Neal
In an t unpublished per curiam decision, the 4th circuit dismissed a challenge to EOIR's speaking engagements policy because, unless and until the Federal Labor Relations Authority (FLRA) formally decertifies the Immigration Judges' union, the union must pursue its cause with the FLRA.View Document
June 7, 2022
National Association of Immigration Judges v. Neal
In a June 7, 2022 order, the 4th circuit granted NAIJ's motion for rehearing on a challenge to EOIR's speaking engagements policy in light of the Regional Director of the Federal Labor Relations Authority's revocation of the union's certification. The order stated that because the FLRA has acted on the revocation, the courts can now hear the matter.View Document
August 11, 2023
U.S. Court of Appeals Decision NAIJ v. FLRA
On August 11, 2023, the U.S. Court of Appeals for the D.C. Cir. dismissed the petition submitted by the National Association of Immigration Judges (NAIJ) asking the Federal Labor Relations Authority (FLRA) to re-certify their union and recognize their collective bargaining rights.
In its decision, the court asserted that the Union’s petition for review was incurably premature, and therefore they were required to dismiss the petition for lack of jurisdiction without addressing the merits of the arguments as to whether the FLRA violated the union's substantive and procedural due process rights.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**View Document
Biden Administration Action: ModifiedJune 25, 2021
2021.06.25 AGENCY’S WITHDRAWAL OF OPPOSITION TO RESPONDENT’S MOTION FOR RECONSIDERATION
This Biden administration policy modifies the Trump-era policy identified in this entry.
On June 25, 2021, EOIR withdrew its opposition to NAIJ's motion for reconsideration before the FLRA. No. WA-RP-19-0067-REC.View Document
Biden Administration Action: Approved/RetainedDecember 7, 2021
2021.12.07 Settlement Agreement Between the U.S. Department of Justice, Executive Office for Immigration Review and the National Association of Immigration Judges
This Biden administration policy purports to revoke in its entirety the Trump-era policy identified in this entry.
On December 7, 2021, EOIR and NAIJ signed a settlement agreement and thus the Biden administration appears to once again recognize NAIJ as IJs' union.View Document
Biden Administration Action: Approved/RetainedApril 15, 2022
Revocation of IJ Union Certification
On April 15, 2022, the D.C. Regional Director of the Federal Labor Relations Authority issued an order decertifying the Immigration Judges' union, based on the Authority's previous findings that Immigration Judges are management officials.View Document
Current StatusFully in Effect
Most Recent ActionApril 15, 2022 Action: Approved/Retained Revocation of IJ Union CertificationJune 25, 2021
Acted on by Biden AdministrationDecember 7, 2021
Acted on by Biden AdministrationApril 15, 2022
Acted on by Other
Trump-Era Policy Documents
- Prior Policy
- Subsequent Action